On Wednesday, July 9, 2025, the Presiding Disciplinary Judge of the Supreme Court of Colorado approved a disciplinary stipulation suspending Attorney John W. McKendree for one year and one day. The suspension is stayed pending McKendree’s successful completion of a two-year probation period with specific conditions.
The case is entitled “People v. John W. McKendree,” with case no. 25PDJ47.
In 2019, McKendree was hired to represent a client in a discrimination lawsuit against her former employer. The fee agreement included a $10,000 nonrefundable retainer, despite Colorado Rule of Professional Conduct (Colo. RPC) 1.5(g) prohibiting such retainers. The client paid the retainer, which McKendree deposited into his business account. Within a week, he recorded $13,125 in work on the case.
McKendree also required the client to pay a $1,500.00 cost retainer, which the client needed to replenish as expenses were incurred by McKendree. From September to December 2019, the client paid a total of $7,500 for costs, which McKendree deposited into his trust account. The case concluded without a cash settlement for the client.
McKendree billed $3,176.12 in costs, leaving $4,323.88 of the client’s funds. He initially refunded $3,200.87 but later returned the remaining $1,123.01. When the client requested a detailed accounting of the costs, McKendree referred her to previously sent invoices instead of providing a full accounting.
According to the filing, McKendree’s actions violated several Colorado Rules of Professional Conduct, including Colo.. RPC 1.5(f) (fees are earned only after benefiting the client or performing legal services), Colo. RPC 1.5(g) (prohibiting nonrefundable fees), Colo. RPC 1.15(a) (requiring separation of client and lawyer property), Colo. RPC 1.15A(b) (requiring a full accounting of client funds upon request), and Colo. RPC 8.4(c) (prohibiting conduct involving dishonesty or misrepresentation).
According to Avvo.com, Mr. McKendree is an employment and labor attorney in Brighton, Colorado. He attended the University of Denver Sturm College of Law, graduating in 1963. He acquired his law license in Colorado in 1964.
A copy of the original filing can be found here.
